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HomeMy WebLinkAbout _ 4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator GI �" Y C� F � � �- ' � ° � � i � CITY OF REDDING �� REPORT TO THE CITY COUNCIL MEETING DATE: March 17, 2026 FROM: Michael Webb, Public Works ITEM NO. 4.11(a) Director/Interim Asst. City Mana�er ***APPROVED BY*** �� � 3,�� �.nu„ ���� � � � � ,,�� 5� � �� �� �� �,��,� �s�y �y� � � 1' irel'We, . u -t;�?ai etor t��azrrn�.evk Ci2y�NRairsg;er ifl l�_'02G vv F�������rt7fJX +,,,�ti"�'��.��23a3�TG"I �,., .,, J���.������7 mwebb@cityofredding.org wtarbox@cityofredding.gov SUBJECT: 4.11(a)--Authorize the Purchase of a Vacuum Excavator for the Water Utility Recommendation Approve and authorize the following relative to the purchase of a Vac-Con vacuum excavator for the maintenance of the City of Redding Water Distribution system: (1) Authorize the purchase of a vacuum excavator using Sourcewell contract pricing, with a net delivered cost of$650,713.30, including all applicable taxes and fees; and (2) A�uthorize the City Manager, or designee, to approve future pricing adjustments, terms, and policy changes as needed up to an additional $30,000 due to inflation and unstable economic conditions for the purchase of the vacuum excavator. Fiscal Impact Sufficient funds are available in the Water Utility rolling stock account for the proposed purchase of the Vao-Con vacuum excavator totaling $650,713.30. This is a planned and budgeted rolling stock replacement. AZteNnative Action The City Council may choose not to authorize the sole source purchase of a Vac-Con vacuum excavator for the maintenance of the City's Water Distribution system. Without the purchase, the department will continue to operate the 2008 model year Vac-Con vacuum excavator, with much higher maintenance cost and reduced reliability, leading to downtime and less productivity. Report to Redding City Council March 12,2026 Re: 4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator Page 2 Background/Analysis City Water Distribution staff maintains approximately 554 miles of water main. Water mains vary in size from 1" to 48". The nature of the maintenance includes the continual excavation and repair of pipes to help prevent leaks and water loss. Staff is requesting the replacement of one vacuum excavator truck. Replacing this truck aligns with the adopted Rolling Stock Plan for the Water Utility. This is a planned rolling stock replacement of the Water Utilities' 2008 model year Vac-Con vacuum excavator, Fleet No. 2145. This truck has experienced several breakdowns and expensive repairs in recent years and has reached the end of its useful life. The truck is 18 years old and has been driven 50,158 miles with 5,822 operating hours. Converting miles to operating hours, this truck has the equivalent of 309,240 hours. During the last three years, $36,954 has been spent in maintenance repairs. Totaling age, mileage-hours, and maintenance cost, this vehicle has a "16" replacement score from Fleet. A replacement score above "15" is required for replacement. Another issue is the lack of availability of replacement parts due to the truck's age. The last major part Fleet staff replaced was a used part because new parts are no longer obtainable. This type of equipment is used to repair broken water mains and services along with vacuuming water valves, meter boxes, backflow-prevention vaults, and "potholing" existing underground utilities. Hydro-vacuum excavating is the safest way to uncover buried utilities, excavate around sensitive areas, and dig or trench in places that are difficult to access by large digging equipment. In addition, underground right-of-ways are typically shared with other utilities. These right-of- way trenches may contain high-pressure PG&E gas facilities, phone, ancUor fiber optics that are very costly to repair when damaged. Hydro-vacuum excavating is an efficient and cost-effective method to safely excavate within shared utility right-of-ways, using a water jet and suction. It allows City crews to maintain a safe working area while repairs are made to the water system. The Water Utility also uses vacuum excavators for site clean-up and storm water pollution prevention during and after water main repairs or service failures. The eguipment is manufactured by Vao-Con and is distributed by Municipal Maintenance Equipment (MME) as the sole-source vendor far the western United States under a Sourcewell competitive bid contract. Currently the Water Utility, Wastewater Utility, and Electric Utility all utilize Vao-Cons distributed by MME. These units are available under a Sourcewell competitively bid contract. Sourcewell develops national competitive solicitations that meet or exceed local standards and offers its members the benefits derived from cooperative purchasing. Using the Sourcewell cooperative contract to purchase vehicles saves significant staff time needed to prepare bid speci�cations and solicit individual quotations from vendors. The City also receives a si�nificant price discount due to economics of scale realized through the vol�ume of purchases on a multi-agency cooperative contract. Environmental Review This action, the purchase of equipment, is not a project defined by the California Environmental Quality Act. No further action is required. Council Priority/City Manage� Goals This agenda item is a routine operational item. Report to Redding City Council March 12,2026 Re: 4.11(a)--Authorize Purchase of Vac-Con Vacuum Excavator Page 3 Attachments City of Redding Water Utility(Kely Miller) Vac-Con VX390LH 800 Sourcewell Cover Letter 2- 25-26 REVISED Vac-Con 101221-VAC Pricing Vac-Con, Inc. Contract Extension Vac-Con Contract 101221 �[: {xy�`�";Sf�}���` ����.` ��� , s'�����ttG�dt..�� .' �. � CSLB#980409 � t �t' :,s ^�r �,�aa�t r .e�.� 3essu�u, ,i it �:ssz � � „ , �z ��tt<���� � �i�iaoor�o��s� :$r i���`� , � wvew.s�uree-��rrne.com �'���`�� � � '� Tall Fr�e 1�-�88-4�34-4968 ��� � �ebCUarj!25, �026 Gity of Redding Water Dept. Tei: 530-60�5-7994 F'.{7. Box 496071 krniller c�cityofr�dding.org Redding, CA 96Q49-6071 Ship To: 20055 Viking Way, Bldg 3 Redding, CA 96003 Attention; Kely Miller, Water Dist. Sup�rvis�r We are pleased'tt� pravide the enclosed contract pricing sheet off the Sourcew�il Contract No. 1�122`f-VAC, for the V�c-Con VX39OLH/800 mc�unted on � nevv Kenworth T480 4x2 truck chassi� for yc�ur review. Surrrrmary: Ct�rnpl�te Ur�it per aft�c�ed Saurcewell price sheet Price F.O.B. Redding, CA $651,(}68.(70 S�urceweBl C7isc�unt - 44.352.10 Sub-Tt�tal $6a6,7'I 5.90 7.25°!o Estimated Sales Tax 43,986.9(7 CA 7ire Fee {6 � $'1.75 Each} 1{7.5t1 Total $65�,713.30 • Vac-Con is the 5c�urcewell cc�ntract holtier and all purchasing d'ocuments are to gc� directly to them. City's Purchase Qrder tc� be prepared and ser�t direcfily tc�lia�-cc�na Inc. 969 Hall Park Drive, Green Cove Springs, FL �2043 Contact: Rachel Deel Ern�il: rdeel@vac-con:cam T�I: 9Ci4-529-1315 Q Municipal I�aint�nance Equipment, inc. is the local de�ler and will prc�vide an-site training, warranty support, and future service for the Vac-Con produ�ts. • CARB Discl�surec A v�hicle oper�ted in C�lifornia may be subject to C�li#arni�Air Resources Bc�ard Advanced Clean Fleets regulations. It therefore could b� subject t�a the requirem�nts to reduce�rnissions of air pollufiants. For more information, please visit th� CF�RB Advanced Clean Fleets webpage at https:/Iww2.�rb.ca.go�rlour-worklprograms/adu�n�ed-cle�n-fleets o Due f� Galifornia emissi�ns requirements, special permits may be required on diesel engines. MME cannot prr�vide fihese permits and we rect�mm�nd you contact your local Air R�sources IVlanagement District fc�r the specifiC r�quirements. � Pricing includes delivery and on-site training. • Normal delivery 150-270 days A.R.C7., depending on chassis and compc�nent availakrility during praductic�n. Q Sales tax applic�ble at time af delivery will b� shown on invaice. � Terms: per Sourcewell Program. • Quc�tation valid for 60 days. Thank you for your interest�n this fine produ�t. Shc�ul�i you have any questions c�r need addition�l ipfc�rmation, please I�t us knaw. We loc�k forvvard to being t�f service. 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F J J�J J J�_I...�� ... ..+V5 Il.(n.O�. � ���. ; ���°� � v���c�� ��a1z21-v�c Pricing for contract#101221-VAC offers Sourcewell participating agencies the following discounts: • Up to 10% discount off list price, depending upon unit and/or accessory • In addition to the discount off MSRP, Sourcewell participating entities can also qualify for a volume discount of 3%off of the base unit discounted price for a single purchase order for four or more units � � OONTF�CT���IVSI�I Contract Number: 101221-VAC 5ourcewell and Vac-Con, Inc. 20212th �treet Northeas� 969 Hall Park Rd P.O. Box 219 �aples, MN 56479 Green Cove Springs, Florida 32043-4935 (Sourcewell) (Vendor) have entered into Contract Number: 101221-VAC for the procurement of: Sewer Vacuum, Hydro-Excavation, and Municipa) Pumping Equipment with Related Accessories and Supplies The Gontract has an expiration date of 2025-11-29 , but the parties may extend the Gontract by mutual consent. �urcewell and Vendor acknowledge that extending the Contract benefits the Vendor, �urcewell and Sourcewell's Members.Vendor and Sourcewell agree to extend the Contract listed above for an additional period,with a new Gontract expiration date of 2026-11-29 . All other terms and conditions of the Gontract remain in full force and effect. Sourcewel I Signed ky_ DocuSig[�ed by: ,�� SG�.WaV�` �t..,� �u�btS u �°�i�°��nature Au �iorize'c���griature Jeremy Schwartz MJ Dubois Name Name Chief Operating and Procurement Officer SO�E MEMBER Title Title 2/7/2025 � 4:16 PM CST 2/10/2025 � 6:28 AM PST Date Date F�v.7/2022 1 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C � Solicitation Number: RFP #101221 T T This Contract is between Sourcewell, 202 12th Street Nartheast, P.O. Bax 219, Staples, MN 56479 {Sourcewell) and Vac-Con, Inc., 969 Hall Park Road, Green Cove Springs, FL 32043 (Supplier). Saurcewell is a State af Minnesata local government unit and service cooperative created under the laws af the State of Minnesota (Minnesota Statutes Section 123A.21) that offers caoperative procurement solutions to government entities. Participatian is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public salicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equ�pment with Related Accessaries and Supplies from which Supplier was awarded a contract. Supplier desires to eontract with Sourcewell to provide equipment, products, or services to So�rcewell and the entities that access Sourcewell's cooperative purchasing cantracts (Participating Entities). 1. TE F C T ACT A. EFFECTIVE QATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is caneelled sooner pursuant to Article 22.This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiratian or termination of this Contraet, all payment obligations incurred prior to expiration or terminatian will survive, as will the fallowing: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract. 2. E UIP E T, P UCTS, SE VICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will pravide the Equipment, Products, or Services as stated in its Proposal submitted under the Salicitatian Number listed above. Rev. 3/2021 1 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products pravided under this Contract must be new and the current model. Supplier may offer close-aut or refurbished Equipment or Products if they are clearly indicated in Supplier`s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free fram liens and encumbrances, and are free from defects in design, materials, and workmanship. In additian, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use far which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed an to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESEL�ERS. Upon Cantract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier°s authorized dealers, distributors, or resellers relative to the Equipment, Praducts, and Serviees offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. P ICI All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cast of acquisition.This means that the quoted cost is far delivered Equipment, Praducts, and Services that are operational for their intended purpose, and includes all casts to the Participating Entity's requested delivery lacation. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase aption of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Praducts must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3J2021 2 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances ar conditions prevent effective inspection of the Equipment and Praducts at the time of delivery. In the event of the delivery of nonconfarming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with canforming Equipment and Products that are acceptable ta the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Praducts that arrive in a defective ar inoperable conditian. Saurcewell may declare the Supplier in breach of this Cantract if the Supplier intentianally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible far supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot �ist Pricing, it must be submitted electronically ta Sourcewell in a line-item format. Equipment, Products, ar Services may be added or removed from the Hot �ist at any time through a Sourcewell Price and Product Change Farm as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. P CT ICI CH E E UESTS Supplier may request Equipment, Product, ar Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number! • Clearly specify the requested change; + Provide sufficient detail to justify the requested change; Rev. 3/2Q21 3 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., additian, deletion, price change); and + Include a complete restatement of pricing documentatian in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher educatian, tribal gavernment, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use af this Contract is at the Participating Entity°s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any ather source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and dacumentation and will encourage potential participating entities to join Sourcewell. Saurcewell reserves the right to add and remave Participating Entities ta its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a prafessional manner while an the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PA TICIPATI G E TITY USE A PU C ASI G A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate ta Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order sho�ld clearly note the applicable Sourcewell Rev. 3/2Q21 4 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods ar ather Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable farms of payment are included in its attached Praposal. Participating Entities will be salely responsible for payment and Sourcewell will have na liability for any unpaid invoice of any Participating Entity. B. ADDITIQNAL TERMS AND CONDITIQNS/PARTICIPATING ADDENDUM. Additianal terms and canditior�s to a purchase arder, or other required transaction documentation, may be negatiated between a Participating Entity and Supplier, such as job ar industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Same Participating Entities may require the use af a Participating Addendum; the terms af which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable ta the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Gontract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon natice to Supplier in the event of any of the following events: 1. The Participating Entity fails to rece�ve funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, ar services to be purchased; ar 2. Federal, state, or provincial laws ar regulatians prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUST E SE VICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell far this Cantract and must provide prompt notice to Sourcewell if that person is changed.The Account Representative will be responsible for: Rev. 3/2Q21 5 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reparts, supply issues, customer issues, and any other necessary information. . EP T C T CT S LES CTIVITY 1 ISTRATIVE FEE P Y E T A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned ta this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless af the number ar amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Repart must contain the following fields: • Participating Entity Name (e.g., City af Staples Highway Department); • Participating Entity Phys�cal Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideratian for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may nat charge Participating Entities more than the contraeted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percenta�e of administrative fee stated in the Propasal multiplied by the total sales af all Equipment, Products, and Services purchased Rev. 3/2021 6 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C by Participating Entities under this Cantract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed ta the address above "Attn: Accounts Receivable" or remitted electranically to Sourcewell`s banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid an all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Cantract`s expiration date, the administrative fee payment will be due na more than 30 days from the cancellation date. 9. UT IZE REP ESE TATIVE Sourcewell°s Authorized Representative is its Chief Pracurement officer. Supplier`s Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER,AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end af this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such cansent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise ta such right. Any such waiver must be in writing and signed by the parties. Rev. 3 j2021 7 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No ather understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will gavern. F. RELATIONSHIP C?F THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretian with regard to the conduct af their respective businesses.This Contract does not create a partnership,joint venture, ar any other relationship such as master-servant, or principal-agent. 11. I E ITY A L HA LESS Supplier must indemnify, defend, save, and hald Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys` fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury ar death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specificatians. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. G VE E T AT P CTICES Supplier and Sourcewell must comply with the Minnesota Government Qata Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, callected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. 1 TELLECTU L PE TY, PU �ICITY, KETI , E SE E T A. INTE��ECTUAL PROPERTY 1. Grant of tfcense. During the term af this Contract: a. Sourcewell grants ta Supplier a royalty-free, warldwide, non-exclusive right and license ta use thetrademark{s) provided to Supplier by Saurcewell in advertising and promational materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Saurcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Subticense. The right and license granted herein includes a limited right af each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2021 8 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C resellers, marketing representatives, and agents (callectively "Permitted Sublicensees"} in advertising and promotional materials for the purpose of marketing the Parties' relatianship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Rrticle by any of their respective sublicer�sees. 3. Use; Quaiity Control. a. Neither party may alter the other party`s trademarks from the form provided and must camply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees ta use, and to cause its Permitted Sublicensees to use, the ather party's trademarks only in good faith and in a dignified manner consistent with such party's use af the trademarks. Upan written natice to the breaching party, the breaching party has 30 days af the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees ta indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims,judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any persan on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, includin� Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or loga (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispase of it according to Soureewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Cantract must not be released without prior written approval from the Autharized Representatives. Publicity includes notices, infarmational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jaintly with others, ar any subcontractors, with respect to the pragram, publications, ar services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or affers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Saurcewell Supplier Develapment Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 3/2Q21 9 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C 14. GC)VERNING LAW,JURISDICTION,AND VENUE The substantive and pracedural laws of the State af Minnesata will govern this Cantract. Venue far all legal proceedings arising out of this Contract, or its breach, must be in the apprapriate state court in Tadd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. F CE AJEU E Neither party to this Cantract will be held responsible for delay or default caused by acts of God ar other conditions that are beyond that party`s reasonable control. A party defaulting under this provision must pravide the other party prompt written notice af the default. 16. SEVE I�ITY If any provision of this Contract is faund by a court of competent jurisdiction ta be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PE F CE, EF l.T, RE EDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jaintly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Esca(ation. If parties are unable to resalve the issue in a timely manner, as specified above, either Saurcewell or Supplier may escalate the resolution of the issue ta a higher level of management. The Supplier will have 3Q calendar days to cure an autstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must cantinue without delay to carry out all of its respansibilities under the Contract that are not affected by the dispute. If the Supplier fails to cantinue without delay to perfarm its respansibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/ar its Participating Entities as a result af such failure to proceed. B. DEFAULT AND REMEDIES. Either of the follawing constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term ar condition of this Cantract. Rev. 3/2021 1Q DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C The party claiming default must provide written notice of the default, with 30 ealendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated ar other damages. If the default remains after the opportunity far cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract ar any portion thereof, including any orders issued against the Cantract. 1 . I SU CE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the perfarmance of this Contract with insurance company(ies) licensed ar autharized ta do business in the State of Minnesota having an "AM BEST" rating af A- or better, with caverage and limits of insurance not less than the fallowing: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Emplayer's Giability Insurance: must be provided in amounts nat less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. eommercial General Liability Insurance. Supplier will mainta�n insurance coverin� its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insuranee Services Office ("ISO") Commercial General Liability Form CGQ001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising fram premises, operations, bodily injury and praperty damage, independent contractors, products-completed operations including construction defect, cantractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and canditians af coverage must be maintained during the term of this Cantract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,OQ0,000 Personal and Advertising Injury $2,OOQ,OOQ aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commereiaf Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all awned, hired, and non-owned autamobiles in limits of liability not less than indicated below.The coverage must be subject ta terms Rev. 3/2Q21 11 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C no less broad than ISO Business Auto Coverage Form CA QQ01 (2Q1Q edition or newer), ar equivalent. Minimum �imits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's L.iability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,QQQ,OOQ 5. Network Seeurity and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endarsed an another form of liability coverage or written an a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence af the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage an their behalf. Failure ta request certificates of insurance by Sourcewell, or failure of Supplier ta provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect ta liability arising aut of activities, "operatians," or °`work" performed by or on behalf af Supplier, and praducts and completed operations of Supplier. The policy provision(s) or endorsement(s) must further pravide that coverage is Rev. 3/2Q21 12 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C primary and not excess aver or cantributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or atherwise) all its insurers ta waive subragation rights against Sourcewell and other additional insureds for lasses paid under the insurance policies required by this Contract ar ather insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any ather insurance maintained by the Supplier or its subcontractars. Where permitted by law, Supplier must require similar written express waivers of subragation and insurance clauses from each af its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. C PLIA CE A. LAWS AND REGU�ATIONS. Al) Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 2 . UPTCY, E E T, SUSPE SI CE TIFICATI Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nar its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or valuntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been canvicted of a criminal affense related to the subject matter of this Contract. Supplier further warrants that it will pravide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2Q21 13 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C 21. PROVISIQNS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER ITE ST TES FE ERAL A S T E A S Participating Entities that use United States federa) grant or FEMA funds to purchase goods or services from this Contract may be subject ta additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additianal requirements based on specific funding source terms or conditions. Within this Article, all references to "federal,P should be interpreted ta mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, ar Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of`°federally assisted construction contract" in 41 C.F.R. § 6Q- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, °`Amending Executive Order 11246 Relating to Equal Emplayment Qpportunity," and implementing regulations at 41 C.F.R. § 6Q, `°Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of �abor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a prauision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable ta Contracts Covering Federally Financed and Assisted Constructian°'). In accordance with the statute, cantractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary af Labor. In additian, contractors must be required to pay wages not less than once a week. The non-federal entity must place a capy of the current prevailing wage determination issued by the Department of Labar in each salicitation. The decision ta award a contract or subcantract must be conditioned upan the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The cantracts must also include a provisian for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department af Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors an Public Building or Public Work F�nanced in Whale or in Part by Loans or Grants from the United States"). The Act pravides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public wark, to give up any part of the compensation ta which he ar she is otherwise entitled. The non-federal entity must repart all suspected or reported vialations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisians. Rev. 3/2021 14 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of$1Q0,000 that involve the employment af inechanics or laborers must include a pravision for compliance with 40 U.S.C. §§ 37Q2 and 3704, as supplemented by Department af Labor regulations (29 C.F.R. § 5). Under 4Q U.S.C. § 3702 af the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 4Q hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than ane and a half times the basic rate of pay for all hours worked in excess of 4Q hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts far transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement pracess, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIQNS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that durin�the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must camply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 74Q1-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amaunts in excess of$15Q,000 require the nan-federal award to agree ta comply with all applicable standards, arders ar regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Contral Act as amended (33 U.S.C. § 1251- 1387}. Vialations must be reported to the Federal awarding agency and the Regional Office af the Environmental Protectian Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made ta parties listed on the government wide exclusions in the System for Award Management (SAM), in accardance with the OMB guidelines at 2 C.F.R. §180 that implement Executive C?rders 12549 (3 C.F.R. § 1986 Camp., p. 189) and 12689 (3 C.F.R. § 1989 Camp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C of parties debarred, suspended, or otherwise exeluded by agencies, as well as parties declared ineligible under statutory ar regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department ar agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal apprapriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, ar an employee of a member of Congress in connection with abtaining any federal contract, grant, or any ather award covered by 32 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier ta tier up ta the nan-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-l.obbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must camply with the recard retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatary standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. &UY AMERICAN PROVISIONS CC?MPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable pracurement rules calling for free and apen competition. K. ACCESS TO RECORQS (2 C.F.R. § 20Q.336). Supplier agrees that duly autharized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent ta Supplier's discharge of its obligations under this Contract for the purpase of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussian relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 20Q.322). A non-federal entity that is a state agency or agency of a political subdivision af a state and its contractors must comply with Section 60Q2 of the Solid Waste Disposal Act, as amended by the Resource Canservation Rev. 3/2Q21 16 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C and Recovery Act. The requirements of Section 6002 include procuring anly items designated in guidelines of the Enviranmental Protection Agency (EPA) at 4Q C.F.R. § 247 that cantain the highest percentage of recavered materials practicable, cansistent with maintaining a satisfactory level of competitian, where the purchase price of the item exceeds $1Q,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,Q00; procuring solid waste management services in a manner that maximizes energy and resource recavery; and establishing an affirmative procurement program for procurement of recavered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logas, crests, ar reproductions of flags or likenesses of Federal agency officials withaut specific pre-approval. N. NO OBLIGATION BY FEDERAL GQVERNMENT. The U.S. federal government is not a party to this Contract ar any purchase by an Participating Entity and is not subject to any obligations ar liabilities to the Participating Entity, Supplier, ar any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGftAM FRAUD ANQ FALSE OR FRAUDU�ENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actians pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential canflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able ta assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. L.aws that prohibit transactions with and pravision of resources and suppart ta individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term af this Contract it will comply with applicable requirements of 2 C.F.R. § 200.226. Rev. 3/2Q21 17 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1�12�1-UL�C T. DOMESTIC PREFERENCES FC?R PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CA CECL TI Saurcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Saurcewell may cancel this Contract immediately upon discavery of a material defect in any certificatian made in Supplier's Praposal. Cancellatian of this Contract does not relieve either party of financial, product, or service abligations incurred or accrued prior ta cancellation. Saurcewell Vac-Con, Inc. DocuSigned by: DocuSigned by: �� �U.�.tNr�.Vl��j ��i,.,�. �1n.�j8iS g�le COFD2A139D06489._ g`�� C65GBA257A53411.. r 7 leremy Schwartz M.J. DuBais, President, DuCo, LLC Title: Chief Pracurement Officer Title: Authorized Cantract Administrator 11/23/2021 ( 8:51 PM CST 11/24/2021 ( 5:31 AM PST Dat2: Date: Approved: DocuSigned by: l/""""� li"� �,f; 7E42BSF817A64CC_. Chad Coauette Title: Executive Director/CEO 11/24/2021 � 6:46 PM CST Date: Rev. 3/2Q21 18 DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 RFP 101221 - Sewer Vacuum, Hydro-Excavation, and Municipal u in ui ent it 1 t cc ss ri s an u lies vendor Deta'is Company Name: DuCo, LLC 1079 Tamiami Trl N Address: #350 Nokomis, Florida 34275 Contact: MJ DUBOIS Email: mjdubois@ducollc.com Phone: 410-924-1004 Fax: 410-924-1004 HST#: 81-1963530 Submission Details Created On: Thursday August 26,2021 08:52:11 Submitted On: Friday October 01,2021 11:10:04 Submitted By: MJ DUBOIS Email: mjdubois@ducollc.com Transaction#: Ob410897-713e-434f-9209-2bd4698d22a6 Submitter's IP Address: 24.145.112.96 Bid Number: RFP 101221 Vendar Name: DuCa, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Specifications Table 1: Proposer ldentity&Authorized Representatives General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question.Do not merely attach additional documents to your response without aiso providing a substantive response.Do not leave answers blank;respond"N/A"if the question does not apply to you(preferably with an explanation). �ine �uesti�rn Ft�spc�nse*����, Ifem 1 Proposer �egal Name (one legal entity only): (In the Vac-Con, Inc. event of award, wiil execute the resulting contract EIN: 36-3846929 as "Supplier"} '2 Identify all subsidiary entities of sthe Proposer whose Vector Technologies LTD equipment, products, or services are includetl in the Proposal. 3 Identify all applicabie assumed names or DBA names of N/A the Proposer or Proposer's subsidiaries in �ine 1 or Line 2 above. 4 Proposer Physical Address: 969 Hali Pa�k Road ' Green Cove Springs, FL 32043 5 Proposer website address (or addresses): www.vao-con.com � 6 Proposer's Authorized'Representative (name, title, M.J. DuBois; Authorizetl Contract Administrator- See attached Authorization Letter address, erriail address & phone} (The representatiue buCo, Lt�C ` must have authority to sign the "Proposer's Assurance '1079 Tamiami Tri #350 of'Compliance° on behalf ofi the Proposer and, in the Nokom'rs, F� 34275 euent of award, will be expected to execute the resulting 410-924-1004 contrac#): mjdubois@ducollc.com 7 Proposer's primary contact For this proposal (name, title, M.J. DuBois, Authorized Contract Administrator address, email address & phone): DuCo, L�C 1079 Tamiami Trl #350 Nokomis, FL 34275 410-924-1004 mj d u bo i s@ d u co I I c.co m 8 Proposer's other contacts for this proposal, if any ' Bryce Reiger, NationaP Sales Manager (name, titie, address, email eddress & pl�one): Vac-Con, inc. 969 Hail Park Road - Green Cove Springs,;FL 32043` 904-610-6492 brycer@vac-con.com Tabie 2:Company Information and Financial Strength Line que$tion Respanse* Item Bid Number: RFP 101221 Vendar Name: DuGa, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 9 Provide a brief history of your company, including your Since 1986, Vac•ConO, Inc. has manufactured more than 9,000 custom-built, truck-mounted machines company's core values, business philosophy, and to serve pubiic and private environmental markets globally. Located in Green Cove Springs, Florida, it industry longevity related to the requested equipment, is one of the largest producers of specialized vacuum solutions including sewer cleaning , hydro- products or services. excavation, and industrial vacuum equipment in North America. Vao-Con's goal, from day one, has been to design and actualize the most powerful and reliable machines in the industry, in turn allowing them to push the envelope year after year with unrivaled innovation. Vac-Con selis muitiple product lines, including combination machines,jetting units, and hydro- excavators for a vast array of diverse applications. In 2012, Vac-Con, Inc. acquired Vector Technologies, LTD. Vector Technologies Ltd, located in Milwaukee Wisconsin, is a leading world designer and manufacturer of powerful trailer mounted hydro vacuum excavators, combination vacuum & sewer jetters, and sewer jetting units. For over forty years, Vector designs have set world standards for reliability and performance in a variety of industrial and specialized markets. Vector has provided solutions to organizations of all sizes for an endless number of diverse applications. The purchase of Vector allowed Vac-Con to offer a complete line of innovative, world leading designed sewer, hydro-excavation and vacuum products both truck and trailer mounted. Vao-Con believes in empowering the customer; iheir mission is to support, design, and manufacture innovative vacuum and high-pressure water cleaning solutions that deliver superior performance in municipal, industrial, and utility markets worldwide. In keeping with their customer-centric philosophy, Vac•ConO, Inc. delivers more than just a product; they provide unparalleled product support with their customer service, online training modules, and extensive network of authorized dealers. Vac•ConO, Inc. employs over 300 people at their Florida location, and 45 employees at their Milwaukee WB location and is 100% employee-owned, enabling a more focused work environment, on- site feedback, and around the clock innovation and testing. Vao-Con's Florida location is situated on 17 acres, it boasts a 160,000 square-foot, newly expanded facility where they manufacture over 30,000 unique parts that they use on our machines. This state-of- the-art facility is a result of Vac•ConO eagerness for continuous improvement and an employee-owner culture centered on advancement through involvement. Mission Statement "Our mission is to support, design, and manufacture innovative vacuum and high-pressure water cleaning solutions that deliver superior performance in municipal, industrial, and utility markets worldwide.° Vision Statement "Our vision is to be the premier manufacturer of combination sewer cleaning, hydro-excavation, industrial vacuum, and high-pressure water jetting equipment. We are committed to providing innovative, high-quality products with unrivaled reliability, customer service, and support to dealers and end-users. Sustainable growth and employee-ownership value will be achieved by championing career-building talent and customer-centric initiafiives. We will continue to make a positive impact in our local communities and on the environment" 10 What are your company"s expectations in the event of As a currenb Sourcew+ell contract holder, VaaCon hopes to continue to build on our past an award? success with`th� contract and provide exceptional sewer cleaning and hydro-excavation equipment solutions to all prospective members. Vac-Cdn has developed;a strong;following with existing Sourcewell Members and Vac-Con expects to build'on that momentum'adding to;your membership with the increased advancement and promotion of additional electronic marketi�g;utilizing our premier partnership with Sourceweil. A newiy awarded contract wili allow Vac-Gon to continue to provide Members with great products at a discounted price-to Vao-Con's many existing municipal customers," grow our municipal base and open new opportunities in the educationai antl non-profit space. 11 pemonstrate your financial strength and stability with See the provided attachments, Bank of the West reference letter, D & B credit rating report and meaningful data. This could include such items as �etter of Good Standing. financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 12 What is your US market share for the solutions that Vac-Con operates in product categories tliat are sold primarily to the municipal government market you are proposing? segment and to a smaller degree, the commercial market segment. Uao-Con's market share is 29°!0 as we are considered the most innovative; most efficient and'have a diverse and comprehensive line of products avithin our market. 13 What is your Canadian market share for the solutions VaaCon's Canadian Market Share is 8%. Vao-Con has signed a new dealer in Canada - Westvac ihat you are proposing? Industrial. Westvac is a leading heavy equipment dealer in western Canada. We are looking forward to the 20+ years experience Westvac has to help grow our market share in British Columbia, Alberta, Saskatchewan, Manitoba and Northwest Territories. Vac-Con has an established dealer located in Quebec who has been active in that market for over 30 yeas with the Vac-Con product line. '14 Has your kiusiness ever petitioned for bankruptcy �; Neithar Vac-�on nor Uector has�ever petitioned for��bankruptcy profectic�n. protection?'If so, explain in detail. Bid Number: RFP 101221 Vendor Name: DuCo, LLG DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 15 How is your organization best described: is it a Vac-Con is a manufacturer of a diverse sewer, hydro-excavating, and industrial line of equipment. The manufacturer, a distributor/dealer/reselier, or a service complete line of equipment is sold, serviced and supported exclusively through Vac-Con's worid-wide provider? Answer whichever question (either a} or b} individually owned dealer network. just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealerlreseller for the manufacturer of the products proposed in this RFP. If applicabie, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? '16 If;applicabie, provide a detailed explanation outlining �lorida Department of,Highway�afety &Nlotor VehicCes - Manufacturers License MV71000409/1 the lice�ses and certifications that are both required to be held, and actually(held, by your organizatioo Florida Department of;Highway Safety & Motor Vefricles - Dealer License VU1007965/1 (including third parties and subcontractors that you use} iri pursuiC oF fhe busihess contemplafed kiy Yhis RFP. �sconsin Motor Vehi�le Dealer:License MU2131 17 Provide all "Suspension or Debarment° information that Neither Vao-Con nor Vector has ever received a suspension or disbarment. has applied to your organization during the past ten years. Table 3: Industry Recognition&Marketplace Success �ine G2uestion' Respanse� Item 18 Describe any relevant industry awards or recognition First Coast Manufacturer's Association - 2018 Manufacturer of the Year, 2019 Manufacturer of the that your company has received in the past five years Year, 2019 PresidenYs Award Best of Clay County - 2019 Best Manufacturing Facility in Clay County Florida, 2020 Best Manufacturing Facility in Clay County Florida, 2021 Best Manufacturing Facility in Clay County Florida National Association of Trailer Manufacturers - Vector manufactured units are NATM certified. National Truck Equipment Association - Most Valuable Partner Award for 5+ years. 19 What percentage of your sales are to the Rpproximately 84°/0 of Uao-Con and Vector sales for the Iasfi;5 years liave been-to the gouernment governmental sector in the past three years sector. These customers typicaliy consist of municipalities, townships, counties, and states: 20 What percentage of your sales are to the education �ess than 3% of Vao-Con and Vector sales for the last five years have been to the education sector in the past three years sectoc Vao-Con has increased this number due to the previous Sourcewell Contract held. Vac-Con looks to, once again, increase this percentage with the next proposed contract award. '21 List any s$ate, provincial, or cooperative purchasing HC,AC Contract total sales for the last three years as $4.1 million. contracts that you liold. What'is the annual sales Oliio ST5 Gontract total sales for the last three years is $1:$ million. uolume for each of these contracts over the past three Texas Buyboard Contract total sales for the Iast year heid is$400K (oniy held tliis year) years? Florida Sherriff's Contract total sales for the last year held is $200K (only held this year) 22 List any GSA contracts or Standing Offers and Supply Vao-Con does not hold any GSA contracts or Standing Offers and Supply Arrangements. Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: ReferenceslTestimonials Line Item 23.Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name" Ct�ntact Name* Phon�Number� City of �odi Andrew Richle 209-269-4927 1331 South Ham �ane Utilities Superintendent arichle@lodi.gov Lodi, California See attached Testimonial '�Delaware��DOT Lawrence Hardy 302-760-25�5 `P.O. Box 698 See attachetl Testimonial lawrence.ha�dy@delaware.gov �Dover, DE 19903 � Village of Tarrytown Louis Martirano 914-862-1819 4 Division St. Superintendent Of Public Works dpw@tearrytowngov.com Tarrytown, NY 10591 See attached Testimonial Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Table 5:Top Five Government or Education Customers �ine Item 24.Provide a list of your top five government,education,or non-profit customers(entity name is optional),inciuding entity type,the state or province the entity is located in,scope of the project(s),size of transaction(s),and dollar volumes from the past three years. Entity Name 'Enfity Type� State/Prnvince* Seope of Work� Size of Transaetions* L?ollar Uolume Past Thre� Years Sacramento Area Government California-CA Sewer Utility Equipment 10 units $3,40Q000.00 .. Sewer District City of San Government i California-CA ��' Water&�Sewer Ufitity Equipment 8 uriits $2,800,000.00 ��Francisca Miami-Dade Government Florida-FL Water & Sewer Utility Equipment 7 units $2,90Q000.00 > Cou�ty City of Ptroenix Government Arizona-AZ i Sewer Utility Equipm�nt 11 units $2,600,OOO.dO City of Sacramento Government California-CA Sewer Equipment 9 units $3,860,000.00 " Table 6:Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicabie.Your response should address in detail at Ieast the following areas:locations of your network of sales and service providers,the number of workers(full-time equivalents)involved in each sector, whether these workers are your direct employees(or employees of a third party),and any overiap between the sales and service functions. Line (1u�st�on ' Response� Itern 25 Sales force. Vao-Con customers are supported by internal teams fuifilling sales, parts and service needs, and distributes through a worldwide network of exclusive dealers. Vac-Con's internal teams function as support systems for our dealer network providing demonstrations, training, troubleshooting and order fulfillment. All Vac-Con sales, parts and service representatives are employee-owners of Vac-Con, Inc. Vao-Con's dealer network functions as the outward facing sales arm of the Vac-Con business. Their dealers are contractually exclusive Vac-Con distributors and are trained in the selling, servicing and maintenance of Vac-Con equipment. Each dealer is required to fulfill specific facility and department (service, sales, parts and marketing) requirements to ensure exceptional customer service. Vac-Con's internal sales team consists of: National Sales Manager, Sales Administrator Supervisor, Sales Administrative Support, Inside Sales Manager, Chassis Sales/�ogistic Specialist, Marketing Manager, Multimedia/Graphics Marketing Specialist. Internal Sales Support: South Regional Sales Manager, Northeast Regional Sales Manager, Southwest Regionai Sales Manager, West Regional Sales Manager, two product demonstrators and a Recycler Product Specialist `26 Dealer network or other distribution methods. Vac-Gon`s dealer network functions as the outward facing sales arm of the Vao-Con business. Their - dealers are contractually:exclusive"Uac-Con distributoPs and are twained in the selling, servicing and maintenance of Vac-Con equipment. Each dealer is required to fulfiii specific facility and department (service, sales; parts antl marketing) requirements to'ensure ezceptional customer seruice. See aftached detailed Dealer Network Map;and dealer Location Ghart ; 27 Service farce. Vao-Con and Vector maintain teams of trained service and parts departments at the headquarters in Green Cove Springs, Florida and Milwaukee, Wisconsin. Vao-Con and Vector combined employ 6 regional sales managers, 4 product specialists/demonstrators, and 7 service o�ce staff to provide service support to North America. The Vac-Con and Vector direct service team is comprised of 7 service technicians, while the parts and shipping department employs 12 representatives to fulfill parts orders to all dealers. Vac-Con's dealer network provides coverage to all 50 states with 35 exclusive dealerships. Each dealership has a team of service representation and office support to facilitate and process service and parts to end-users. In addition to factory-provided support, Vac-Con dealers are required to maintain service and repair facilities. Dealer parts departments are expected to maintain an inventory of parts for timely fulfiliment. Depending on the territory and dealer size, dealers employ between 2 to 15 associates for each department— sales, service, and parts. See the attached dealer listing with the amount of direct service techs at each location. 28 bescribe the ordering process: If orders'will be - The Member tir dealer will cantact a buGo team rnerrrb�r (Gontract Administrator) for initial�nformation, tiandied by distributors, dealers or others, explain±the contract questions and quotatians. buCo will provide the customer/dealer`with a quotation meeting the respectiue:roles of the Proposer and otliers. Sourcewell Contract requirements, terms, and conditions. The member will issue a Purchase Order directly to Vac-Con. Vac-Gon will build the customer equipment,1wiII ship the order to the Iocai deaier for pre-deliuery inspection and test. The local dealer will tYien tleliver the unit,itrain the Member personnel and Vao- Gon will invoice the itemis to the"Member. The dealer will rec�ive the proceeds of the sale in their ` respective territory. This will encaurage their cantractj p�rticipation. In ttie case where a dealer owns'la stock unit that is ta be sold to the member, MJ DuBois will provide the Member a letter authorizing the'tlealer to'receive the Purchase Order directiy. This will allow accuracy in tiie required sales reporting wtien a dealer receives a PO dicectly. MJ DuBois and her DuGo team will be fhe single source "querterback" for the Sourcewell Contract sale§ and wiil<aiso report the sales to Sourceweil as required` Bid Number: RFP 101221 Vendor Name: DuCo, LLG DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 29 Describe in detail the process and procedure of Any Sourcewell Member having need for customer service is encouraged to communicate directly with your customer service program, if applicable. their local dealer. Vac-Con dealers are required to maintain an inventory of parts to quickiy service Include your response-time capabilities and customer needs. Vac-Con also requires dealers to have factory trained service staff to handle the commitments, as well as any incentives that help customer's service needs. your providers meet your stated service goals or promises. Vac-Con expects our dealer partners to address warranty, service, and parts issues immediately, ensuring a corrective response or action within 12 to 24 hours. Vac-Con service teams are available 24/7 to assist with troubieshooting and repair needs with a case closure goal of 5 days or less for those instances that require intervention from the factory. `30 Describe your abilitg,and wilfir�gness to�;provide your A critioaf part of the Vac-Con mission is to;�provide irsnovative vacuum and high-pressure water cleaning products and services to Sourcewell partic'rpating solutions that tleliver superior performance in municipal markets: entities in rthe United States. " As a US manufacturer with the vast majority of Vac-Gon sales iare generatetl from municipai custoroers in tfie United States, Vac-Con is committed'to providing products, service, and parts to this specific market segment. The exclusive dealer nefin+ork will help fhem to facilitate the necessary steps and procedures to';procure and fulfiil orders and provide service and parts support in each of their designated territories. 31 Describe your ability and willingness to provide your Vao-Con is committed to designing, supporting, and manufacturing innovative and reliable products for products and services to Sourcewell participating their customers across the world. With two highly capable dealerships providing coverage to the entities in Canada. customers of Canada, as well as Vao-Con's existing presence and relationships, Vao-Con is confident in producing sales and support for this market. Two dedicated regional sales managers employed by Vac-Con provide additional support for ali sales, service, and parts functions in the Canadian territories, in addition to the company support provided by the inside sales office at Vac-Con. 32 Identify any geographic areas of the United States Vac-Gon does'nof expect di�culties in providing exceptional leveis of sales and service in any or Canada-that you will NOT be fully serving fhrough geographic areas of Che US or Canada. the proposed contract. 33 Identify any Sourcewell participati�g entity sectors Vac-Con expects to fully service all entity sectors that Sourcewell Members represent. (i.e., government, education, not-for-profit)that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contracfi? 34 Define any specific contract requirements or There will be no restrictions in sales, service and support to Hawaii, Alaska and in restrictions that would apply to our participating US Territories other than the expense and time allowance for shipping. All quotations will show the extra � entities in Hawaii and Aiaska and in US Territories, costs involved prior to a Member iissuing a Purchase Order so there ar�no surpcise fees after the sales. Bid Number: RFP 101221 Vendar Name: DuCo, LLG DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Table 7: Marketing Plan Line �uestion Response"� Ilem 35 Describe your marketing strategy for promoting Vao-Con will train all their internal and dealers' sales force with the assistance of the DuCo team, Contract this contract opportunity. Upload Administrator, and make use of Sourcewell's available employees and extensive collection of vendor support representative samples of your marketing materials. This will be accomplished both by group sales meetings and one-on-one virtual meetings. DuCo materiais (if applicable) in the document has been training dealerships and manufacturers in marketing and sales of Sourceweii Contracts for over 13 upload section of your response. years with an abundance of success with many manufacturers. Vac-Con takes an aggressive approach to marketing Sourcewell. Vac-Con includes the Sourcewell Logos in their product brochures (see attached example) and on their website (see attached screen shot) that links to Vao-Con's Sourcewell Contract landing page. Vac-Con wants their customers to immediately know that they are a proud holder of this exclusive contract and that they can take advantage of this contract whether they are already a member or would like to become a member. Vac-Con will aiso include Sourcewell graphics banners at trade shows to further market their participation. To further ensure that Vac-Con is fully marketing the value of Sourcewell, they encourage Vac-Con salespeople and their dealer sales representatives to attend regional Sourceweli training sessions as well as utilize the assigned Vendor Support Manager to assist in answering questions for Members interested in learning more about the value of the Sourcewell procurement process. 36 Describe your use of technology and digital Vac-Con lias a comprehensive tligital marketing strategy that engages and interacts with dealers, current tlata (e.g., social media, metadata usage} to customers, and potentiai customers. enhance marketing effectiveness. The goal of Vac-Con's digital markating'initiatives ls to drive brand awareness and generate Ieads, as well as increase traffic to their website. Currently, Vac-Con markets thraugh various social media platforms includmg Eacebook,`[.inkedin,'and Instagram. Vac-Con's most comprehensive digital marketing strategy is their Linkedin program. Ini addition to distributing re(evant, engaging content on a consistent basis, they;utilize a ' digitai marketing agency to help them reach hundreds of decision makers at municipalities, counties, and gouernment agenc'res each week. Linkedin offers a professional setting where Vao-Con is able to directly communicate with tlecision-makers and promote their products in a helpful and;tactFul manner. Uao-Con utilizes a digital marketing agency to assist with a comprehensive SEO program. Thair 5E0 program targets industry keywords to help drive traffic to tfieir websites. Uac-Con's foctas remains on their product categories and specific applications such as combination machines, hydro-�acs, sewer cleaning, andi hydro-excavation. Vac-Con measures their success with the SEO program through annual website tra�c increases and qualified leads generated through the website and web-based applications. Year-aver-year, Vac- Con has exceeded their SEO'goals and wntinue;to evolvelthe program to i�ccease our'reach. Vac-Con actively distributes communications through an email marketing program. The Vac-Con email marketing;program is managed by the internal marketing team and reachas over 2,000 dealers and customers. Communications are scheduled on a monthly basis, and consist of new product, program and company updates. Vao-Con measures the success of email'-marketing campaigns by open and ciick-through rates and quaiified leads generated. Uac-Con continues to add new recipients in both dealer and end-user categories'each month through variaus piatforrns including the website, social media, and in-person events. 37 In your view, what is SourcewelPs role in The Sourcewell marketing model has been an effective and impactful strategy for the Vac-Con business, and promoting contracts arising out of this RFP? is proven by the growth of Sourcewell Contract Sales over the years. How will you integrate a Sourcewell-awarded contract into your sales process? Vac-Con representation has made it a priority to collaborate with the Sourcewell employees that facilitate their existing contract. The priority of Vac-Con to ensure longevity and success is service-related, and the Sourcewell team understands this strategy. Vac-Con expects Sourcewell to continue with a presence at trade shows, Getting to Know You events, and Sourcewell University events. Sourcewell has stepped up to the plate in planning education and information Webinars when travel has not been available. Vac-Con is firmly committed to the Sourcewell contract buying concept and agree that it is the way of the future. Vac-Con has created a session at their National Dealer Meetings dedicated solely to Sourcewell sales education and training. These sessions include how to properly sell using the Sourcewell contract, question and answer periods, and testimonials from dealers who have had great success. Vac-Con has utilized the flexibility that Sourceweli contracts offer, and it has become common knowledge for most of the manufacturer' dealers to lead the buying process with this contract. Vac-Con has sent senior management representatives annually to the H20 Conference. Vac-Con has also agreed to subsidize the contract fees to make the Sourcewell contract even more attractive to their respective dealer sales forces. Vac-Con's Contract sales have grown over the years, and this is a fiestament of Sourcewell and Vac-Con's commitment to the same goal "to offer the best products, service and quantity discounts in support of our customers/members." 38 Are your products or services available' The products represented in tfiis response do nof lend themselves to E-Procurement. All'of the products through an e-procurement ordering process? If are "made to order" antl have an extreme amount of variables. so, descril�e your e-procurement system`and Fiow governmental and educationai customers Iiave used it. Table 8:Value-Added Attributes Line item Qu�stion Respons�* 39 Describe any product, equipment, Vao-Gon offers several training components, free of charge, to assist operators with a better understanding of maintenance, or operator training their equipment for operations and maintenance. An online training portal hosted on the Vac-Con website programs that you offer to Sourcewell provides a basic overview of truck models and their functions. Student comprehension is proven by quizzes at participating entities. Include details, such the end of each course. Once a student has successfully completed a course, Vac-Con distributes a certificate as whether training is standard or of completion. Customer service, parts, sales and marketing departments were involved in making the portal optional, who provides training, and any informative and thorough. This online training is complete with online videos that guide the course curriculum costs that apply. and user experience. In addition to online training, Vac-Con dealers are equipped to provide hands-on-training at the i�-service of the unit and beyond. All new unit deliveries are made available with hands-on training. Additional training needs can be scheduled with the dealership. Bid Number: RFP 101221 Vendor Name: DuCo, LLG DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 40 Describe'any tectinological advances'that Aeroboost with Quiet Drive The Vac-Con Aeroboost 3-stage'fan (patent pending) with Quiet Drive fan your praposed products or services offer. system is a one-of-a-kind upgrade hydrostatic end auxiliary drive system that operates the vacuum and water ' functions, Iowers noise emissions, and sutistantially reduces overall fuel consumption without sacrificing power. The Aeroboost fan ifself better 6alances airflovd, resulting in less turbulence and more power. Titan—The Vac-Con Titan Combination Machine is;a premium unit that boasts several impressive features and compbnents offered only by Vac-Con. 7he'Aeroboost Ean antl Quiet Drive system enhance'i power by reducing' airtlow turbulence, noise emissions, and fuel consumption. An enhanced cyclonic separator optimizes e�ciency and fiitration, while the Omnibus Precision Power CANbus system enhances usa6ility and e�ciency. ' Omnibus Precision Power—The OPP system by Vao-Can is+a CANbus system designed to enhance operator usability and'e�ciency�,',OPP gives the operator conttoi over ail vacuum, water, and engine functions at a centralized control panel where the operator spend the most time—at the front oP the unit. This codrdination of systems allows you to'use as much power as is needed, saving time and fuel while delivering precise movements of the hydraulic components. ReeiSmart Hose Controi Systemt The ReelSmart technology brings hose reel auiomation to �ac-Con sewer cleaners with a computerized command controller, up to 30 jobs can be recorded'and stored for future use. The pay-out footage,job locations and special instructions can be recalied and used for later use. ReelSmatt: handles eIl hose reel pay-out antl roll in functions, automatically. This means less physicel work for the aperator entl rnore efficiency antl productivity at the job-site. The customer can record on a USB drive or maintain a daily log with its MS-�xcel tlata tlump. This new#echnology is available in English, Spenish and French. 41 Describe any "green" initiatives that relate Vao-Con manufacturing focuses on waste and environmental protection regulations in their day-to-day processes. to your company or to your products or Pursuant to the Department of Environmental Protection, Vac-Con is listed as a Low Quantity Waste Generator services, and include a list of the which is an ongoing key result area for the company. certifying agency for each. Vac-Con implements a full campus recycling program for cardboard and scrap metal. In addition, paint waste is minimized through a distillation process that ailows the company to remain a Low Quantity Waste Generator. Vac-Con products themselves are designed to be a proponent of environmental protection and maintenance. Their machines ensure that proper sanitation and hygiene standards are met in communities across the world. The Titan combination machine class also boasts impressive reductions such as 44% fuel savings and 8% decrease in noise pollution as compared to other combinatio� machines. The Vac-Con Recycler combination machine allows for a substantial savings in water usage, decreasing the use of freshwater by approximately 73% or more based on average unit operations. 42 Identify any third-party issued eco-labels, Jahn Deere;performance certification 1t19/2018 see attached ratings or certifications that your company Joiin Deere performance certificatian 11l4/2016 see attached " has received for the equipment or TigerFlex hose manufacturing Certification SAE J51& Standards ` products included in your Proposai reiated Co energy e�iciency or conservation, kife- ` cycle design (cradle-tacradle}, or other green/sustainabilityl factors. 43 Describe any Women or Minority Most of the local dealers that wili be invoived in this process are SBE, MBE, WMBE or Veteran owned Business Entity (WMBE}, Smali Business businesses. The actual participation of each will be dictated by the customer's delivery area. That actual Entity (SBE), or veteran owned business percentage of SBE, MBE, WMBE or Veteran owned business information will be provided to the customer certifications that your company or hub upon request prior to the order being placed. partners have obtained. Upload documentation of certification (as Vac-Con is also utilizing a Small Woman Owned Business, DuCo, LLC, to administer any awarded Sourcewell applicable) in the document upload Contract. section of your response. Vac-Con is committed to hiring Veterans and Persons with disabilities in their hiring practices. Vac-Con has many veterans currently employed. Vac-Con partners with Veteran organizations as well as the Florida Department of Rehabilitative Services when recruiting for all positions. 44 What unique attrikiutes does your As a compeny, Uao-Con is 100°/a employe�-owned thrpugh an ESOP facilitated by their parent company, company, yaur products, or your services Holden Industries, Inc.This unique characteristic of ownership allaws for:euery employee to have a significant ' ; offer to`Sourcewell participating entities? impact on tlaily operations, product development, and campany value. Uac-Con employee/owners are driven to' What makes your`proposed'solutions provide the b�st solutions in the'industry as their reputation and ownership relies`-on it, unlike compefitors thet' unique in yaur industry as it applies to are publicly traded or privateiy owned. Sourcewell patticipating entities? Aeroboost—The Aeroboost 3-Stage �an (patent pending} and Quiet Drive system is the most unique and impressive fan system on the market. Uac=Con has'aiways been a champion of fan systems and is renowned in the industry for their abiiity to design and manufacture the most powerFul and effective fans available. The Aeroboost is'their most engineered fan that boasts 44% fuel sevings, 43% decrease in vacuum system operating RPM, 25% increase in airflow, 16-30%o rnore horsepower, 8% decrease in noise;pollution, and 5°/o inc[ease in ouerall vacuum pressure. Titan—the Titan combination machine is the new standard in combination units and boasts impressive, Vac- Con exclusive components such as the Aeroboost fan and quiet tlrive system, upgraded fiitration, and the Omnibus Precis'ron Power control system. Comprehensive PortFoiio—A unique feature that sets Uac-Con apatt is that they offer a comprehensive portfolio in combination, hydro-ezcavetion, and jetting machines. Their units are available as skid, traiier, and truck- mounted configurations-with various optionai cornponents to build these systems out to fit any customer application. Vao-Con is considered to be a custorn-menufacturer, allowing each unit to be configured=to meet ' the customer's needs'best. Dual Engine-Uac-Con is the oniy manufacturer to`offer a dual engine;combination machine. The duai engine machine makes cleaning sewers a simplifred process, while offering reliability and safety. The 2-engine design provides independent control of the vacuum and water systems. This efficient design ailows`fhe chassis engine` ta drive the 3-stage fan or positive dispiacement blower vacuum system, saving fuei and general wear and tear in the long run, Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Table 9A:Warranty Describe in detail your manufacturer warranty program,including conditions and requirements to qualify,claims procedure,and averall structure.You may upload representative samples of your warranty materials(if applicable)in the document upload section of your response in addition to responding to the questions below. �ine lte�n+f,tuest9od Re�ponse� 45 Do your warranties cover all products, parts, and labor? Each new Vao-Con unit is backed by a factory warranty for defects and workmanship for one year. Longer factory warranty periods are in place for fans, auxiliary engine water pump drive components, debris tank, and water tanks. These warranties cover all products, parts and labor for maternal defect and workmanship. Extended multiple year warranties are available to purchase at a "pass througK' price for these OEM compo�ents when the original purchase of the machine is made. 46 ba your warranties impose usage r�strictions or'other 7here are no usage restrictions imposed fiy Vac-Con. 7he warranties are based on time limitations that adversely affect coverage? from acceptance by the customer and not hours of use of components. 47 Do your warranties cover the expense of technicians' travel The warranty coverage will be reviewed on a case by case basis with the customer's local time and mileage to perform warranty repairs? dealer. Travel time and mileage may be considered to be covered under warranty under extreme circumstances. Typically the customer would take their unit in to the local dealer to perform warranty repairs. 48 Are there any geographic regions di the United Sfates or There are no geographic locations that carr not be served. The exclusive Vac-Con >Canada (as applicable) for which you cannot provide a dealerships antl vendor facilities will assist with maintenance and service required of all Vac- certified technician£to perForm warranty repairs? How will' Cod units within their sales territories. 'Sourcewell participating entities in these regions'be prouided service for warranty repair? Vac-Con is capable of providing technical support and parts to customers directiy if their dealer is beyond their °reach". This type of warranty support must be factory auttiorized prior to work'on the unit. The customer wouid simply cail a Vac-Con Warranty Specialist, communicete the issue of concern and receive a written Statement of Warranty Work, return any;defective parts required to be returnetl and can`be issued a iabor credit at the current dealer warranty labor rate that they may use to purcliase replacement patts in the future. 49 Will you cover warranty service for items made by other Purchased components will be covered by the warranty applicable by the Original Equipment manufacturers that are part of your proposal, or are these Manufacturer of that component. Vac-Con will assist with coordinating with these entities to warranties issues typically passed on to the original service a unit, but the following items would be eligible for their own OEM warranty: Auxiliary equipment manufacturer? engines, water pumps, positive displacement blowers, chassis components and engines. Vac-Con's OEM partners have dealer representatives throughout the United States and Canada. Examples of these OEM's are: John Deere, Kubota, Freightliner etc. 50 What are yaur proposed exchange and return programs and �ecause eacFi'unit is built to order, there is no set exchange or return policy. palicies? 51 Describe any service contract options for the items induded Customers that outsource their warranfij, service or repair work on their equipment may in your proposal. contact the local servicing dealer. Each dealer is independently owned and employs dedicated parts and service perso�nel. Vac-Con's dealers have been specifically chosen to represent their products based on their sustained financial stability, ability to provide superior product support both before and after the sale. It is important to Vac-Con that all of their dealers have developed a strong trust and commitment with their locai customers. All Vac- Con dealers have their own in-house maintenance facilities along with road-side mobile service repair. Each local dealer wiii have the capability to provide service contracts and do so regularly. These service contracts are dictated by case by case customer relationships. Vac-Con does not offer service contract options directly to their end users. Vac-Con offers extended warranties and offers pass-through extended warranties on chassis. Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Table 9B: PerFormance Standards or Guarantees Describe in detail your performance standards or guarantees,including conditions and requirements to qualify,claims procedure,and overall structure.You may upload representative samples of your performance materials(if applicable)in the document upload section of your response in addition to responding to the questions below. Line �uesfitan ' Res�aorrse* Item 62 Describe any performance standards or guarantees Vao-Con guarantees ali product warranties ensuring component workmanship and durability. These that apply to your services warranties can be found in the warranties section of the units manual. All Vao-Con units undergo a thorough factory inspection, and unit burn-in prior to delivery to the dealer and end-user. This process ensures accurate operations of each component and system as specified by the order build sheet. All Vac-Con units are built with the best products available including outsourced components that are sourced through a selective purchasing process by expert purchasing, engineering, and production teams. Each Vac-Con unit is guaranteed to meet customer specified requirements regarding vacuum capabilities, water systems, capacity, weight, and dimensions. Vac-Con provides 24-hour technical service support through their factory service team. All Vac-Con units are guaranteed support by both local Vac-Con representation and the factory service team. Service inquiries will receive a response within 12 to 24 hours of first contact either by local representation (dealer) or a Vac-Con representative. In-stock parts are guaranteed to ship within 48 hours of order submittal. 53 Describe any service standards or guarantees that One-Tauch Customer Support becks Every Vac-ConO apply ta your services (polic�es, metrics, KPIs, etc.) Uac-Con�'s part tracking software ensures that they have in inventory all the parts customers and tlealers need'When they need them. Vac-Gon has a dedicated senrice facility for all warranty work, local repairs, and refurtiishing work. flne-Touch Customer 5uppott giues you: 26,000 square'foot se[vice deparfinent, Training center v�th ezpert instructors, 2477 real person support help Iine, Ouer$5 million in parts inventory, and 24-hour parts`shipment'sturnaround. Vac'-Con's customers can expect'to receive either dealer or in'house seivice contact within 24 hours:of notice. Vac-Gon has a commitment to service with quality after the initial saie and including any followup sales. Vac-Con's repeat customers speak to their seivice/pedotmance standards as 85% of thair sales are repeat customers: Table 10: Payment Terms and Financing Options Ldne Qu�stion Response* It�m b4 Describe your payment terms and accepted payment Payment terms are net 30 days unless othenvise arranged prior to purchase on a case-by case basis. .. methods? :55 Describe any leasing ot financingl options available fbr Vac-Con does utilize muriicipal and non-profit leasing Ehrough third party vendors if there is Nlember int�rest. use 4by educational or governmental entities: Uao-Gon does not quote rates or terms for leasing, however it should be known to Members that we trave Chis seruice availabie to fhem. Uac'-Con will work with:other Souccewell Awarded Vetrdors, suCh as NCG, or any leasing agency of tlie Mernber's choice. 56 Describe any standard transaction documents that you Vac-Con will use a standard quote document to price each item for Sourceweii Members. Example attached. propose to use in connection with an awarded contract (order forms, terms and conditions, service level agreements, etc.). Upload a sample of each (as applicable) in the document upload section of your response. 57 Do you accept the P-card procurement antl paymenfi Vac-Gon will not accept the P-card for payment. The;typical transaction size does'not Iend itseff to this process? If so, is there`any additional cost to process. 5ourcewell parficipa�ng;entities for using tMis praces"s? Some Vac-Con dealers will allow parts, service, and dealer inventory to be paid for by P-Cards. Eacfi individual dealer wiil be receiving payments directly for these iterrrs, accepting Rcard procurement will be at their discretion.< Many deaiers do accept this method without additianal fees. Some dealers have lim�tations on tfie amounf Rhat can be processed. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP,the template Contract,and the Sourcewell Price and Product Change Request Form. Line �uestian Respc�nse*' Item 58 Describe your pricing model (e.g., line-item discounts or product-category Vao-Con's offer is a percentage discounfi from fihe manufacturer list price to discounts). Provide detailed pricing data (including standard or list Sourcewell Members on all of the items being proposed in this offer. Vac-Con's pricing and the Sourcewell discounted price) on all of the items that you discount will be based on a percentage off of the base model unit. want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing Vac-Gon mounts most of their units on commerciai truck chassis (except for the materials (if applicable) in the document upioad section of your response. trailer mounted units). In order to provide the customer with convenience and the best pricing available, Vac-Con will provide the truck chassis with no profit associated or at a pass-through price to the Member. This gives the Member the ability to utilize quantity discounts that are offered by the chassis manufacturers to Vao-Con. Vao-Con purchases "pool truck chassis" at substantial quantity discounts. Vac-Con will also allow the customer to supply their own chassis in which to mount the body. Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 '59 Quantifiy the pricing discount;represented by the'pricing proposal 'rn this Vac-Con is offering a 10% discount off base units within the following categories: respanse. For exarnple, if fhe pricmy ici your response represents a'I Duai Engine Gombination Sewer C[eaners� 5ingle Engine CombinaYion Sewer ,percentage discount from MSRP pr list; state Yhe percenta�e or Cleaners, �ual Titan 5ewer Clearrers, Single Titan Sewer Cleaners, XCavator hydro- 'percentage range. excavating madels, MXT hydro-excavating madels, Hydrovac liydro-excaveting models, and all refurbishment prices. Uac-Con is offering a 5°/a discount off base unit for the following madels: Hot5liot sewer jetters;3 yd sewer cornbo units, Vac Pumper models,VecJet jetters, Neptune sewer combo unit, Mudslinger hydro-excavation units+and Vec�oader intlustrial �acuum trailers. Uac-Con is offering anl5% accessory part discount. To qualify for this discount 1)The Member is only buying Accessories parts and not an entire unit� 2}7he Member Purchase Order-must be in excess of$15,000.00. AlI Member Purchase Orders that qualify, must have their SW Member Number Cleariy stated on the Purchase Order: 60 Describe any quantity or volume discounts or rebate programs thafi you Vac-Con's will offer additional discounts for volume purchases. There will be an offer. additional 3% discount off of the base unit discounted price for a single purchase order for 4 or more units. Vac-Con does not offer any rebate programs at this time. 61 Propose a method of faciiitafing"soarced" products or related services, It is Vec-Cors's intention to cover all items`availabCe'on our commercial'price lists: which may be referted to as'open market" items or'nonstandard Vac-Gon does realize from time`to time tliere may be individual requirements that options°. For example, you may supply,such items "at cost" or"at cost wiU'not be listed. Uac-Con will prouide any items "specific" to Sourcewell Members plus a pe�centage,"+or you may suppiy:a quote for each such request. needs fhat we are abie to. The'pricing for such items will be priced at'2010 above cost. Prior to accepting an order with Operr Market or Sourced Goods from a Sourceweil Mernber, Vac-Con wiil discuss ttie avai(ability of specific requests and price the item. Any documentation of cost that we can provide for. these items will be presented on an indivitlual basis. 62 Identify any element of the total cost of acquisition that is NOT included There are several costs not included in the pricing submitted in this proposal. in the pricing submitted with your response. This includes all additional These costs are listed below: charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- Freight and Delivery: Freight costs will be pre-paid and added to the Members delivery inspection, installation, set up, mandatory training, or initial Quote and Invoice. Small items will be, in most cases, delivered by UPS. Other inspectio�. Identify any parties that impose such costs and their freight carriers may be utilized in shipments, i.e. Federal Express, DH� and relationship to the Proposer. common carrier for truck freight. The actuai cost of shipment will be passed through to the customer. Vac-Con will not mark up this item for profit. Minimal handling fees may be added where special packaging is required. The Member will be notified of these charges if applicable prior to order placement. Federal Excise Tax: Vac-Con is required by law to collect Federal Excise Tax on any truck mounted unit rated above 33,000 GVW. This tax will be added to the customer invoice as a separate li�e item. Vac-Con will pay this tax directly to the Internal Revenue Service. The rate of tax is calculated at 12%. Most municipal and non-profit entities are exempt from this tax. If an exemption certificate is provided, Vac-Con will not be required to collect this tax. Mounting Fee: Mounting fees cover the cost of the mounting of the body on the desired truck chassis or trailer. Federally Mandated Items: The cost of any federally mandated items will be passed on to the Member. The current pricing includes any federally mandated items that are mandated at the time of this proposal. Should there be a Federal Mandate after the date of this proposal, any cost incurred to meet the requirements of this mandate will be passed on to the member. Any costs applicable will be provided to the Member prior to any Purchase Order being issued. This fee would typically be charged to meet any future EPA standards that may arise. An example of such costs would be in meeting Federal Emission Standards. �ocal Dealer Pre-Delivery Inspection, On Site Training, and �ocal Delivery Fees: These costs are charged by local dealers to inspect, test, in service the unit, local extended delivery and follow up training. These costs are a pass through cost to the member from the local dealer. 63 'Jf freight, deiivery, iir shipping is an adtlitional cost ta the 5ourcewell All'freight cliarges are pre-paid and added to the Member quotation for ;participating entity,'describe in deteil the cornpiete freight,shipping, and convenience. Members aiways Iiave the choice of picking up the units at the deiivery p�ogram. factary or retain a 3rd iparty of their choice to deliver the equipment. The freight charges Vao-Con charges are at a pass-through price. Uac-Gon has : negotiated quantity-discounted shipping rates and will pass those discaunts on to the Members. Most ofFered items are custom built to customer specification:;Anticipated delivery of`items ordered on a`stock chassis or customer supplied eliassis is expected to be 45-90 days after receipt of order or customer chassis. Anticipated delivery of' an'item orderetl on a"special crrder° chassis is expected to be 120-180 days after receipt of order; however, this time cen vary greatly depending upon ' chassis manufacturar back log. ; Delivery of truck mounted units will be pre-paid and adtled to`Member Quotation and Invoice. Both °Driue-A-Way" service and common carrier service will be used: The achaai cost of the service will be passed through to the eustomer. i Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 64 Specificaily describe freight, shipping, and delivery terms or programs The shipping and delivery charges for Canada, Alaska and Hawaii and any other available for Alaska, Hawaii, Canada, or any offshore delivery. off shore location are the same as the previously stated delivery programs for the contiguous US. The shipping charges to the port location will be calculated in the same manner. If the customer wishes Vac-Con to deliver via ocean transport, they will pass on the negotiated shipping rates that they will pay to the ocean transport carrier to the Member. It has been Vac-Con's experience that the customers in these locations usually have their own negotiated rates with shipping carriers. If this is the case, Vac-Con will provide the customer shipping to their desired port and provide the customer with the appropriate documentation required. Vac-Con strives to provide the equipment as customer specified and to their satisfaction upon delivery. 65 'Describe any unique tlistribution and/ar delivery methods or options As'statetl above, Uac-Con does;pass on negotiated, competitively bid freight nffered in;your proposal. pricing to their cusTom�rs. Most z7f Vac-Con's DealeCs do haVe units in:stock and Member's can purchase those units to enliance delivery times aad in some cases better prices for any previous year's inventory. Table 12: Pricing Offered Line 7he Pricing�iferecl in'fhis Prcrposai is:* Garnments Item 66 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. Vao-Con fully recognizes the value of the national Soucewell Contract and a such gives the best discounts available to Sourcewell Members Table 13:Audit and Administrative Fee L"ane �u�:stian' Resp6nse* Item 67 Specifically describe any self-audit process or program that you pian to employ Due to the unique nature of our proposed contract representation, Vac- to verify compliance with your proposed Contract with Sourcewell. This process Con builds in an automatic audit process. DuCo, LLC, being the includes ensuring that Sourcewell participating entities obtain the proper pricing, proposed Contract Administrator and single source for Sourcewell that the Vendor reports all sales under the Contract each quarter, and that the quotations, allows for this self-audit process. Vac-Con will not have to rely Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail on multiple reports from individual dealerships for an accurate accounting to support your ability to report quarterly sales to Sourcewell as described in the of sales. DuCo will have the ability to account for every sale at Contract template. time of order. There is no after-the-fact gathering of information. DuCo prepares the quotation for the Member under the Gontract guidelines. Every Sourcewell Member quotation delineates the Sourcewell Contract Number. When a Purchase Order is received, Vao-Con will require the Purchase Order to reference the contract number. This process makes it clear for all personnel to recognize that it is a Sourcewell contract sale. The order, when received, is booked and accounted for on the Sourcewell sales spreadsheet. This makes the end of quarter reporting complete at the actual end of quarter. As a secondary check, when Vac-Con receives a payment for a unit, Vac- Con will verify the contract used in its purchase. This ensures the correct accounting for the sale on a second level. 68 If you are awarded a contract, provide a few examples of internai metrics that Uac-Con sales are maintained in a comprehensive CRM (Salesforce} will be tracked to measure wtiether you are having success with thercontract program that aliows for the sales and marketing tearns to determine how many units are sald through the Sourceweil;contract and additionai metrics regarding these sales. 7he Vac-Con sales team will track and report an quarterly sales+through the contract to both intemal and external sales teams to evaluate perfo�mance of both dealers and regianal sales representatives. Uac-Gon ac4ively promotes the use of the Soureewell Contract, and awards dealers on an annual basis for their activity with the contract. Vac-Con values the ability to service the Sourcewell Members with their products. In order for them to ensure theyl are provitling a product that Sourcewell M�mbers want, Vac-Con evaluafes these "sal�s, quatteriy and annually, to ensure growth. Vac-Con wifl respond accordingly to specific regional performance through deaier training as well as participation in Soui`sewell tr�infng classes. Uac-Can expects to increase sales each year. Vac-Gon operates with an annuel marketing plan to ensure that they maximize their outreach to potential customers, inciuding 5ourceweil Members in'order to�chieve theiY goal. 69 Identify a proposed administrative fee that you will pay to Sourcewell for Vao-Gon proposes an administrative fee of 1%. The fee will be calculated facilitating, managing, and promoting the Sourcewell Contract in the event that on the Member price less Chassis cost, sales tax (if applicable), and you are awarded a Contract. This fee is typically calculated as a percentage of dealer prep/delivery fees. Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services ttem �uestion ��� Response�'�� Bid Number: R�P 101221 Vendar Name: DuCa, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 70 Provide a detailed description of the equipment, Vac-Con Combination JeWac Machines products, and services that you are offering in your proposal. Dual and single engine combination machines with a range of offerings including 2 and 3-stage centrifugal compressors (fans) or various positive displacement blowers for vacuuming. Water jet systems ranging from 15 gallons per minute to 120 gallons per minute with pressures ranging from 1500PSI to 4000 PSi. These units are available in a range of sizes with debris tanks from 3 cu/yd to 16 cu/yd and water tanks from 200 gallons to 1500 gallons. Vac-Con has many optional features offered which are patented. Recycler combination machine—This combination machine is up-fitted with a recycler component. The recycler allows for debris tank water to be used in lieu of fresh water, greatly reducing overall water usage. This feature conserves water as a "Green Initiative° primarily and allows users to continue to work in areas where water access is limited or not available. The Vac-Con Recycler machines can function as standard combination machines in addition to utilizing the recycler features. Titan Class combination machines—the Titan combination machines feature the Aeroboost 3-stage fan (PATENTED) and offer users an incredible amount of efficiency. The dual engine Titan configuration results in a 44% fuel savings, 43°/o decrease in vacuum system operating RPM, 25% increase in airfiow, 16-30% more horsepower, 8% decrease in noise pollution, and 5% increase in overall vacuum pressure (lift). These statistics result in a machine that offers high pertormance while being very environmentally friendly in regard to noise and carbon footprint. Neptune Trailer-Mounted Unit—the Neptune is a combination jeUvac machine that is either trailer or skid mounted. It is offered with either a 535 or 845 gallon debris tank and 225 or 325 gallons of water tank capacity. This unit is a portable and powerful option in a smaller footprint ideal for schools, coileges and smaii local governments. Vac-Con Jet ONLY Machines VJ375 —a single axle trailer-mounted unit with 375 gallons of water VJ750 —a tandem axle trailer-mounted unit with 750 gallons of water VJT1500— a truck-mounted, enclosed jetter unit with 1,500 gallons of water Hot Shot—The Hotshot is a truck chassis mounted machine that offers up to 2,500 gallons of water capacity and is ideal for large sewer and pipeline jetting and cleaning. Vac-Con Hydro-Excavation Machines Mudslinger MS — a trailer or skid-mounted hydro-excavation unit available in 535 or 845 gallon debris tank and 225 or 325 gallon water capacity. The Mudslinger MS is built to function as a standalone unit or as a complement to additionai excavation equipment. Mudslinger MST—The MST is available on an F650 (26,OOOIb) or larger chassis and is offered in 535 or 845 gallon debris tank and 225 or 325 galion water capacity. The MST offers the Mudslinger trailer unit on a convenient small footprint chassis configuration. Mudslinger MXT—The MXT is a simple, chassis-mounted unit that offers the powerful Vac-Con system in an easy-to-use configuration. Mudsiinger CXT— The CXT is a chassis-mounted hydro-excavation machine available from 3 to 16 yard debris tank and 800 to 1,300 gallons of water. This is the legacy Vac-Con hydro-excavation machine. Mudslinger EXT—The EXT is offered in a 12 yard debris tank and 1,500 gallons of water. This unit features an enclosed operator station, and insulated water system and components. The EXT is designed for harsh weather and below freezing environment excavation. Vector I�dustrial Vacuum units Industrial vacuum units— high vacuum, high volume industrial material conveyors offering a wide variety of products suited for heavy duty industrial cleaning and recovery applications. Noted for their simple rugged durability, Vector machines can be found around the world on the job in shipyards, mines, mills, manufacturing plants, oil fields, gas well sites, refineries, rail yards, general construction sites, infrastructure remediation sites, hazardous material recovery and demolitio� operations, commercial roofing, abrasives and coatings industries, and others. Available in trailer mounted units and skid mounted units. Vacuum Pumper units Truck mounted vacuum units available from 1500 gailon tank capacity to 5000 gallon tank capacity for pumping large quantities of liquid waste. These trucks can be used stand alone or in synchrony with any other Vac-Con vacuuming equipment. Refurbishment Packages Refurbishment packages on several different levels for already owned Vac-Con units. These refurbishment packages, Bronze, Silver, and Gold, can heip the customer over-haul their Vac-Con unit when budgets don't permit replacement units. Refurbishments take piace at the factory in Green Cove Springs, Florida Accessories, wear parts and supplies - A full catalog of accessories, camera solutions, pumps, nozzles, cutters and common wear items are offered in this response. Dealer stock, demonstrator, and reconditioned units are offered in this response. These items offer solutions for budget challenged members and for those who will need immediate delivery without having to wait for new buiid lead time. Bid Number: RFP 101221 Vendar Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 71 Within this RFP category there may be subcategocies The Vac-Con "Vac Pumper" models fit within the grease trap cleaning iequipment', portable'toilet of solutions: List subcategory titles that tiest describe seivicing equipment, Sewage pumping station rnaintenence equipment. your prociucts and services. The Vector VecLoader'offering fits within Industrial Vacuum Eguipment,'iHazardnus Materials Callection Equipment, HEPA filtration equipment categories. Table 146: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional comments in the text box provided,as necessary. Line Cate�ory or Type ' Offered* Camments I#ero 72 Sewer vacuums or combination sewer cleaners r. Yes Models offered in this category: Dual Combq Single Combo, Dual Titan, � C' No Single Titan, 3 yard Combo, Neptune trailer. "l3 Hydro or air excavation equipment r• Yes ' Models offered in this category: XGavator, MXT (municipal hydro-excavator}, t^ No Hydrovac (offers air and water excavation}, Mudslinger trailer excavator. 74 Jetters and rodders t Yes Models offered in this category: HofiShot high pressure sewer jet, Vec Jet x r No high pressure sewer trailer. '75 Dewatering, mud, trash, and centrifugal pumps r. Yes These items are offered within this response. i fi No 76 Pumps used in lift stations, sewage treatment, water r. Yes Models offered in this category: Vac Pumper , treatment, or water collection facilities �' No 77 Accessories, supplies and replacement or wear parts r Yes All of these items are offeted within this respbnse with a 5°!o discount. related to#he offerings above. r No Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Table 15: Industry Specific Questions Line Question Ft�sponse� I#�:m 78 Describe any product or equipment features that improve Operator safety is at the core of Vao-Con products. Vao-Con integrates a range of operator safety. components and product features that ensure operators can work with and around these machines in the safest possible manner. - Power Level Wind Guide —an automated component that brings jetting hose out of the manhole, limiting the need for an operator to reach in or around the manhole - Outrigger Leg Magnet—A magnetic leg on the hose reel that assists with lifting service access point lids saving possible operator injury lifting heavy objects. - Grate Lifting Hook System — utilizes the boom to remove storm drain gates saving possible operator injury lifting heavy objects. - Wireless Remote with E-Stop — allows for wireiess operation of the unit reducing the need for the operator to manuaily handle equipment. An E-Stop ensures a way to quickiy terminate ail functions in case of an emergency - Titan Quiet Drive —The Quiet Drive reduces noise pollution by 8%, allowing operators the ability to hear over the machine for directions and warnings - Water Tank Location — lowest center of gravity in the industry preventing truck top-heavy roll-over The operation of Vac-Con units is performed at the front of the unit with hardwired controls or wireless remotes. Operator safety is better secured with the entirety of the truck between the operator and oncoming tra�c. The remote transfer case engagement is located at the front hose reel and allows for operators to control functions typically managed inside the cab. This feature is designed to start and stop the engine and engage and disengage the transfer case from the exterior front of the unit. Operator footsteps and movements in and out of the cab are mitigated, reducing the chance of injury. in addition, Allison Auto Neutral and Range Inhibit Functions are used for safety on this component. �i79 'Describe any product or equipment innovations ttrat increase The VaaCon Recyc(er is a combination rnachine outFtted with a recyciing componerrt. Ttris uptime and operator;productivity. system allows for users to use'water already in the pipeline or recycled water frorn the ' debYis tank to continue operations. This#uncRion keeps an operator on the job aii day without theineed to refil tanks running 50 GPM @ 3,000 PSI. The time given back to a job by reducing the need to refill water capacity increase operator efficiency. The Omnibus Precision Power Control Systerrt gives the operator control authority o�er all vacuum, water and engine functions, and at a centralized control panel, right where the operator is working. This coordination of systems allows the operator to use as much power as is needed, saving time and fuel while allowing precise movements of'the hydraulic components. This sysfem eliminates over 250 electrical connections and over one rr3ile of wire in a fypical Vac-Gon buiid. ` The Remote Transfer Case Engagement"is designed to allow operators to start and stop' the engine and disengage the transfer case from the front of the unit: Located'on the ` front hose reel, this feature will limit operator footsteps to and from tlie cab of the unit and allow a fast job completian. ReelSmart Hose Control System: The ReelSmart technology brings hose reel automation to Vao-Gon sewer cleaners With a computerized'command controller; up to 301 jobs can f�e recordetl and stored for future use. 'The pay-out footage,job locations and special instructions cen be recalled used for lat Gse, ReeiSmart handies all fiose reel pay-out and roll in functions, automatically. ;This means less physical wo�k for the operator and more' efficiency and productivity at the job-site. The customer can>record on'a USB drive or maintain a daily log with its MS-Excel data dump. This new technology is available in Engiish, Spanish and Prench. Table 16: Exceptions to Terms,Conditions,or Specifications Form �ine Item 80.�IC�T"I��:To identify any exception,or to request any modification,to the Sourceweli template Contract terms,conditions,or specifications,a Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately beiow.The contract section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail.Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section ' Term,Gonditic�n,or 3pecificatian + �xcepti�n or Prcrp�sed Madi#ication Documents Ensure your submission document(s)conforms to the following: Bid Number: RFP 101221 Vendar Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 1.Documents in PDF format are preferred.Documents in Word,Excel,or compatibie formats may also be provided. 2.Documents should NOT have a security password,as Sourcewell may not be able to open the fiie. It is your soie responsibility to ensure that the upioaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Sourceweli. 3.Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell. 4.If you need to upload more than one(1)document for a singie item,you should combine the documents into one zipped file.If the zipped fiie contains more than one(1)document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." • Pricin�-VacCon Sourcewell Pricelist 9 30 2021.zip-Monday September 27,2021 14:14:14 • Financial Stre�4h and Stabili�-Financial Strength and Authorzation Letter.zip-Monday September 27,2021 14:14:25 • Marketing PlanlSam�les-dealers and marketing examples.zip-Monday September 27,2021 14:14:59 . WMBEJMBE/SBE or Related Certificates (optional) • Warranty Information (optional) • Standard l�ransactian Document Barn�Ies-VACCON STANDARD QUOTE EXAMPLE.pdf-Monday September 27,2021 14:15:19 • U�laad Additional Document-Performance Certs and Testimonials.zip-Monday September 27,2021 14:15:36 Bid Number: RFP 101221 Vendor Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Addenda,Terms and Gonditians PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its fuii and complete legal name,and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true,correct,and reliable for purposes of evaluation for contract award. 3. The Proposer,including any person assisting with the creation of this Proposal,has arrived at this Proposal independently and the Proposal has been created without colluding with any other person,company,or parties that have or will submit a proposal under this solicitation;and the Proposal has in all respects been created fairiy without any fraud or dishonesty.The Proposer has not directly or indirectiy entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract;and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation.Additionally,if Proposer has worked with a consultant on the Proposal,the consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief,and except as otherwise disclosed in the Proposal,there are no relevant facts or circumstances which could give rise to an organizationai confiict of interest.An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is,or might be,impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or Iegally authorized agent of the Proposer a�d will not be communicated to a�y such perso�s prior to Due Date of this solicitation. 6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment,products,and services in accordance with the terms, conditions,and scope of a resulting contract. 7. The Proposer possesses,or will possess before deiivering any equipment,products,or services,all applicable licenses or certifications necessary to deliver such equipment,products,or services under any resuiting contract. 8. The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are acceptable to Sourcewell Members.Unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal,state,and local laws,reguiations,rules,and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.),either substantially or in their entirety. Under Minnesota Statutes Section 13.591,subdivision 4,all proposals are considered nonpublic data until the evaluation is compiete and a Contract is awarded.At that point,proposals become public data.Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees,agents,and subcontractors are not: 1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at:ht�s((www_treasu . ov/afacldownloadslsdnlist.�df; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at:ht�s:llsam,cRov_/�A�/;or 3. Presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from programs operated by the State of Minnesota; the United States federai government or the Canadian government,as applicable;or any Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. i� By checking this box I acknowiedge that I am bound by the terms of the Proposer's Affidavit,have the legal authority to submit this Proposal on behaff of the Proposer,and that this electronic acknowledgment has the same Iegal effiect,validity,and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect,validity,or enforceability solely because an electronic signature or electronic record was used in its formation. - M.J.DuBois,Contract Administrator,DuCo,LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission,and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contempiated in the bid. fi Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Bid Number: RFP 101221 Vendar Name: DuCo, LLC DocuSign Envelope ID: 1FC72ECF-4298-4C15-9C8B-F09AFE408982 Check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. 9'h�vr�r�tri�uv�d fhe ttel�tw adc���du and IFile Name Pages a@tachtta�a�ts(if ap�pl�eabie) 'Addendum_3_Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221 � 2 Thu September 30 2021 0329 PM ' 'I Addendum 2 Sewer_Vac Hydro-Excavation_Pumps_RFP_101221 � 2 'I Fri September 10 2021 02:40 PM ' 'Addendum_1 Sewer_Vac_Hydro-Excavation_Pumps_RFP_101221 � � Thu August 26 2021 05:40 PM Bid Number: RFP 101221 Vendor Name: DuCo, LLC